Wadsworth & Co. v. Walliker
Supreme Court of Iowa
Appeal from Clinton Circuit Court. The plaintiffs allege tbat in December, 1874, they commenced an action in tbe Clinton Circuit Court against G. H. Parkinson to recover $295.67, and caused a writ of attachment to issue and to be levied upon the property of said Parkinson; that on the 18th day of December, 1874, the defendant, J. Id. Walliker, sheriff of Clinton county, in virtue of said writ of attachment levied upon twenty-six boxes of goods, as the property of Geo.
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Appeal from Clinton Circuit Court. The plaintiffs allege tbat in December, 1874, they commenced an action in tbe Clinton Circuit Court against G. H. Parkinson to recover $295.67, and caused a writ of attachment to issue and to be levied upon the property of said Parkinson; that on the 18th day of December, 1874, the defendant, J. Id. Walliker, sheriff of Clinton county, in virtue of said writ of attachment levied upon twenty-six boxes of goods, as the property of Geo. H. Parkinson, said boxes marked “ Mortimer Eice, Maquoketa;” that the defendant without any order of court or direction of…
1Opinion of the Court
Day, Ch. J.
The facts are as follows: On the 18th day of December, 1874, the twenty-six boxes of goods levied upon were at the depot in De Witt, marked “ Mortimer Rice, Maquoketa, Iowa,” and were awaiting shipment to that place. On that day Wm. A. Lynch, an attorney of Davenport, came to the depot with a petition in attachment, an attachment bond, and an indemnity bond, with a view of attaching prop, erty of Geo. H. Parkinson, on a claim of $295.67, in favor of plaintiffs. He found Dearborn, the deputy sheriff, just in the act of levying a writ of attachment upon said property, to satisfy a…
2Cases cited7 opinions
- Sheppard & Morgan v. CollinsSupreme Court of Iowa · 1862
- Learned v. BryantMassachusetts Supreme Judicial Court · 1816
- Fuller v. HoldenMassachusetts Supreme Judicial Court · 1808
- Commonwealth v. WatmoughSupreme Court of Pennsylvania · 1841
- Bayley v. BatesNew York Supreme Court · 1811
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3Cited by4 opinions
- Allen v. WheelerSupreme Court of Iowa · 1880
- Hall v. BallouSupreme Court of Iowa · 1882
- Evans v. ThurstonSupreme Court of Iowa · 1880
- Phelps, Dodge & Palmer Co. v. SkinnerSupreme Court of Kansas · 1901